San Jose delays review of Newby Island Landfill expansion

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San Jose Planning Commission has delayed further review of a capacity expansion of the Newby Island Landfill until next month, following a three-hour hearing Dec. 10 when operator Republic Services defended the company’s practices and odor abatement.Post file photo by Kevin Batangan

San Jose Planning Commission’s Dec. 10 public hearing to review the proposed expansion of Newby Island Landfill and Resource Recovery Park by 95 feet in height at 1601 Dixon Landing Road was apparently too complex an issue for one meeting.

The planning commission voted 5-0 to delay a decision until Jan. 28 for a new planning commission to consider landfill’s operator Republic Services of Santa Clara County’s additional plans to increase the capacity of the landfill by approximately 15.1 million cubic yards, excluding cover material, as well as extend the landfill’s estimated closure date until January 2041. The landfill’s current closure date is 2025.

City of San Jose’s Department of Planning, Building and Code Enforcement Division, Local Enforcement Agency — one of the main solid waste permitting agencies on this project — and the state have yet to grant Republic’s permit. San Jose’s planning commission and city council also must sign off on the landfill operator’s latest request.

The meeting followed City of Milpitas’ prior lawsuit challenging the California Environmental Quality Act environmental impact report following a 2011 plan to expand the landfill, previously approved by City of San Jose. Milpitas’ lawsuit is on appeal after a judge in December 2013 ruled against the city’s claims.

Inside San Jose City Hall’s Council Chambers, the more than three-hour meeting brought out dozens of Milpitas residents who largely complained to San Jose officials about quality of life and health-related issues due to odors they think are coming from the 80-year-old dump. Two opposing lawyers also squared off over the landfill’s proposed expansion.

Daniel Doporto, an outside attorney hired by City of Milpitas, said the court of appeal had yet to decide on the case and San Jose’s move to vote on it would be premature. Doporto also said Republic’s move to push ahead with the expansion was based purely on profits — a fact he claimed was documented by the company.

“In its papers … the landfill operator noted the reason it needs (City of San Jose) to issue the permit now is because it would like to secure long-term disposal contracts and it would like to rely on that permit to do that,” Doporto said.

In addition, Doporto noted although San Jose was “free to issue the permit” to Republic, other environmental factors such as odors emanating from the landfill impacting residents in Milpitas had yet to be dealt with.

Later, Republic’s lawyer, Thomas M. Bruen, said the Newby Island Landfill “provides a vital public service” to San Jose as well as City of Milpitas and other South Bay communities.

With regard to the landfill’s expansion, Bruen argued Republic had “seriously studied” odors and determined it posed no risk to those living nearby.

“The project will not cause a significant odor impact to the citizens of Milpitas,” Bruen said.

He said Republic paid for studies that took samples of air in and around the Newby Island Landfill.

“The scientific evidence, the objective evidence, (shows) the largest source of odors in the city of Milpitas is the bay itself,” Bruen said, noting decomposing biological material — not garbage — was to blame for malodors. “Unfortunately, the City of Milpitas has for the last year told its residents if you smell something bad it’s the landfill. That’s simply not the case.”

Bruen added other South Bay facilities nearby, including the sewage treatment plant, were close to Milpitas and also contributed to the odor problem.

But the many residents and some officials who spoke to the commission that night believed the major source of odor in the area was the landfill.

Among them, 14-year Milpitas resident Jennifer Strohfus said the expansion would pile up garbage as high as a 30-story building.

“It will be a Milpitas landmark. Of course, a shameful landmark,” Strohfus said, adding people living as close as a half-mile away were constantly impacted by odor. “No odor air … is it too much to ask?”

Many others who spoke noted the smell in Milpitas had forced them to leave the city or made it bad enough not to invite friends to their homes.

“Every time I smell the garbage smell I tell myself that I need to move out of this city because it smells so bad,” one man said.

Others balked at assertions there was no real odor problem in Milpitas or that the odor wasn’t as bad as some claim.

“People who live there say it’s a bad odor,” a woman said. “What other test do you need?”

Pradip Radhakrisnan, who lives near Dixon Landing Road, said odors can be smelled in Milpitas all year long.

“Just drive past 880 toward Dixon Landing and you will find it,” Radhakrisnan said, adding he could personally give planning commissioners a tour to show them what he was talking about. “I own a van; I can carpool all of you guys, I guarantee you, you pick the day, you will smell it.”

Other residents claimed health problems like asthma and similar respiratory ailments plagued them and their children and that it was due to odors and other toxins emanating from the landfill.

“The data doesn’t matter, the people’s noses do,” one man said.

After the public spoke, Matt Kamkar, the commission’s chair, expressed skepticism regarding Republic Services’ claims that odors were not really coming from the landfill but rather from other sources — including San Francisco Bay.

“I’ll be frank with you, I’m disappointed,” Kamkar told Republic’s lawyer Bruen. “You’re blaming everyone else and you’re not taking any responsibility for your own operation and I don’t appreciate that. There’s no question there is odor there, and in my mind there is no question the landfill is generating some of the odor.”

Kamkar said his concern was Republic was “not being a good neighbor” since a prior permit had been approved by City of San Jose three years ago toward the landfill expansion.

“It’s not right,” Kamkar said, adding only some odor may actually be coming from the bay itself or that Milpitas residents believed that there was another major source. “Not a single person testified, “I don’t think it’s coming from Newby or I don’t feel the smell.”

In response, Bruen said Republic took its responsibility to be a good neighbor “very seriously.”

“We have done everything we can — consistent with the highest industry standards — to control odors at our facility,” Bruen countered. “We are proud of our facility and we believe we have a very good track record.”

Bruen noted Newby Island Landfill had not received a notice of violation from either the Bay Area Air Quality Management District or the Local Enforcement Agency.

In light of the testimony, Milpitas’ lawyer Doporto later said Republic should re-evaluate whether Newby Island is “an appropriate place for a landfill.”

“It should be obvious that Milpitas is experiencing odor emissions,” Doporto said.

Although the planners discussed the landfill’s expansion further, the panel ultimately decided to delay a vote to allow for additional discussion on the matter.

Kamkar, who is about to step down from the commission to take a job with a San Jose City Council member’s office, said a new commissioner would be needed to fill his vacant seat. Kamkar also suggested a new planning commission could review the landfill’s requested expansion permit “with fresh eyes.”

Due to stated conflicts of interest, planning commissioners Edesa Bitbadal and Dori Yob recused themselves from the meeting. Bitbadal is City of Milpitas’ new economic development manager, while Yob’s law firm represents Republic Services.